NCJ Number
148412
Date Published
1994
Length
199 pages
Annotation
This study advocates to complement the present punitive system of crime control with a conflict resolution system.
Abstract
This type of system, which was already used by the ancient Hebrews, would give the victim and the accused the right to resolve their conflict by dispute settlement. As a result, the state prosecutor would no longer act as the only resource of criminal procedure; instead, victim and accused could end the procedure at any time by reaching a reasonable and fair agreement. For example, the offender could return a stolen object, refund fraudulently acquired goods, or retract an insult. The state would function as a pretor in charge of surveying the conflict resolution process and intervene if the system is abused. To facilitate conflict resolution involving violent crime, the state would allow the existence of sanctuaries where the offender would be safe from both arrest and the revenge of the victims. State law would also regulate the safe and open administration of these sanctuaries. Although such a system may sound utopian, it would allow many victims and offenders, who feel alienated by the present criminal justice system, to experience the law as a supportive force which enhances social interaction and reintegration. A 13-page bibliography is appended.